Probation set in cotton case

Janese Heavin

Thursday

Apr 29, 2010 at 12:01 AMApr 29, 2010 at 11:24 AM

The two University of Missouri students who dumped cotton balls in front of the Gaines/Oldham Black Culture Center on campus must surrender their driver’s licenses for 60 days, donate 80 hours of community service each and spend the next two years on probation.

Zachary Tucker and Sean Fitzgerald both pleaded guilty this morning in Boone County Circuit Court to a misdemeanor charge of littering. Associate Circuit Judge Deborah Daniels suspended imposition of sentence at their attorney’s request, although the state sought 120 days in Boone County Jail with suspended execution of that sentence and five days of shock time.

During a two-hour sentencing hearing, MU Deputy Chancellor Mike Middleton and two students testified about the impact the cotton ball incident has had.

“It’s much more, in our view, than a childish prank,” Middleton said. “This incident was an embarrassment to the university.”

Tucker and Fitzgerald spent the evening of Feb. 26 involved in a series of incidents on campus, including lining up cotton balls in front of the black culture center. Fitzgerald was intoxicated, said his attorney, Kevin O’Brien. Two of Fitzgerald’s friends, both black males, testified on his behalf, saying the incident was out of character.

Tucker was not intoxicated but had picked up Fitzgerald and three other young men after they had been drinking, attorney Christopher Slusher said. Tucker also brought two black acquaintances to testify on his behalf, as well as his mother, Linda.

“It’s embarrassing to have to bring people of African-American descent to prove we’re not racist,” Linda Tucker said. She wiped away tears as she talked about how the incident has altered Zachary Tucker’s future, and she called his behavior silly, stupid and insensitive.

Throughout the hearing, Slusher and O’Brien emphasized that the men already have paid for their actions. They’ve participated in meetings and a mediation process with administrators and students, they’ve withdrawn from MU until the fall semester, and they’ve taken time to learn about black history.

Tucker told Daniels he has used the experience as a learning opportunity. “I had two options,” he said. “I could run and hide and bury my head in the sand, or I could stand up and face the consequences.”

As part of their probation, Daniels also ordered that Tucker and Fitzgerald not drink alcohol, not patronize a place of business that primarily sells alcohol and submit to chemical tests if law enforcement officers suspect them of driving while intoxicated. They also must complete a substance-abuse assessment and participate in a victim’s impact panel.

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